Tomorrow morning, the Supreme Court will file its opinions in Rattagan v. Uber Technologies, Inc. and City of Los Angeles v. PricewaterhouseCoopers. (Briefs here; oral argument videos here and here.)
In Rattagan, the court will respond to the Ninth Circuit’s question, “Under California law, are claims for fraudulent concealment exempted from the economic loss rule?” The court agreed in February 2022 to answer the question. Horvitz & Levy filed an amicus brief on behalf of the Chamber of Commerce of the United States of America, supporting the defendant. More about the case here and here.
The Pricewaterhouse opinion is expected to decide whether a court’s authority to impose monetary sanctions for misuse of the discovery process is limited to circumstances expressly delineated in a method-specific provision of the Civil Discovery Act, or whether courts have independent authority to impose monetary sanctions for such discovery misconduct, including under Code of Civil Procedure sections 2023.010 and 2023.030. The case involves a $2,500,000 sanction. Justice Joshua Groban is recused; Fifth District Justice Mark Snauffer is the pro tem in his place. The court granted review in January 2023. More about the case here.
Both case were argued in June and the opinions will leave two undecided cases of the seven from that calendar. Opinions in those last two should file either Monday or next Thursday. After that, there might not be another opinion until November, which is the norm.
The Rattagan and Pricewaterhouse opinions can be viewed tomorrow starting at 10:00 a.m.
